The European Council has now agreed its negotiating mandate on SFDR 2.0. In several areas, it represents a significant regression from the Commission's proposal and the Parliament's subsequent draft report.
Whereas the Parliament's draft report acknowledged and closed the loopholes we flagged in our analysis of the Commission’s November proposal, the Council is reopening them.
Nonetheless, the Council position still holds the line in certain respects, such as maintaining the non-categorised product disclaimer, as well as the mandatory core Principle Adverse Impact (PAI) indicators, although now only requiring the three PAIs most relevant for the product. The details are left for Level 2 legislation to determine.
In addition, a systemic gap remains with entity-level SFDR disclosures being out of scope across the Commission, Parliament and Council positions. Combined with a possible CSRD/ESRS exemption for asset managers, large parts of the investment sector risk escaping meaningful sustainability reporting altogether.
The Parliament's ECON committee will vote on the Parliament's official position on 15 July, with a plenary vote expected in September. Trilogue negotiations are set to open in Q4 2026, with Level 1 agreement targeted by year-end — followed by Level 2 technical standards developed with ESMA.
Whilst the European Parliament and the Council are in the midst of analysing and debating the Omnibus Simplification Package, we suggest our key changes for the co-legislators to implement to ensure that the CSRD is respected.
Following the European Commission’s announcement of its Omnibus Simplification Package at the end of February, both the Council and the European Parliament must now reach their own positions on the proposals, before the trilogue negotiations between all three bodies commence again.
At the end February, we exposed how the European Commission’s recently announced Omnibus proposals intend to modify corporate sustainability due diligence, reporting and taxonomy and how it will influence the effectiveness of these key legal frameworks.